You have a challenge. An injury has disrupted your life. Now, you are dealing with an insurance company. You've dealt with insurance companies before and thought that this time it might be different.
Your claim is obvious and straightforward. What you want is an efficient and fair resolution of the claim so that you can focus your energy on getting better.
The adjuster was nice at first but became skeptical and began demanding more and more information. She began to minimize your injuries and even went so far as to suggest that your doctors don’t know what they are doing.
This makes your life more stressful. The energy that could be devoted to healing is instead siphoned off to fight the insurance company’s mistreatment.
Big insurance companies should not be allowed to do this to anyone, but they do it every day.
You came here looking for a plan: Where are we going and how do we get there?
Since 1995 the BenGlassLaw team has helped people like you tell their stories to insurance companies, juries and judges so that they can focus their energy on healing and moving forward with their lives while we do the work of getting you paid fairly.
BenGlassLaw will never try to convince you to hire us if we don’t believe we will add value to your claim. BenGlassLaw believes in empowering through education, and for the car accidents that we know the victim doesn’t need an attorney, we will direct you to our resources to handle the case yourself
How Does BenGlassLaw Evaluate Personal Injury Cases?
Our lawyers perform a Six-Point Assessment of your case to determine whether hiring an attorney makes sense for you.
- Determine Fault – Virginia is a contributory negligence state. If you are at fault for your accident, even 1% at fault, you cannot recover damages for your accident. Often, insurance companies use this to reject personal injury claims, even when the victim didn’t contribute to the accident.
- Current Injury – The worse your injury, the more it makes sense to hire a lawyer for your personal injury claims. Accident victims with serious injuries, like broken bones or torn ligaments, should consult with an attorney BEFORE making any recorded statements with the insurance company.
- Previous Injuries – Insurance companies love to use previous injuries as a reason to fight car accident claims. They will point to your previous injuries and claim your car accident injuries are “preexisting.” We will review with you your past medical history to see what impact your health history will have on your settlement.
- Treatment – Insurance companies have a ”length of treatment algorithm” that they use to determine how long you should be treating. If your medical treatment takes longer than the insurance company deems is normal, they will not give you a fair offer for your medical bills.
- Car Insurance – “You can’t get blood from a stone.” We have seen more good cases torpedoed by poor insurance than we can count. As most people don’t know, it is perfectly legal to drive in Virginia without car insurance. If the person who caused your accident is uninsured or underinsured, we will need to look at your policy to see if we can find coverage to pay for your damages.
- Your Health Insurance – Many health insurance companies will seek repayment of bills they paid on your behalf. Will make sure they don’t get more than they deserve (which is sometimes zero).
Your Personal Injury Six-Point Assessment is Free - You Don't Pay us Anything Until the Settlement!
Here's how we can help you with your car accident case today:
- Download our free books, 5 Deadly Sins that will Wreck Your Injury Claim and GetItSettled. These books can help you start thinking about your car accident case. If you have a small car accident case, GetItSettled can show you how to settle this case yourself!
- Attend our free webinar, GetItSettled University. On this webinar, Virginia Trial Attorney Brian Glass and Lisa Derco, ex-defense attorney for a major insurance company, talk about the process of settling your small car accident case without an attorney.
- Call our office at (703) 584-7277 and speak to one of our staff members about your case. You can schedule a consultation with one of our attorneys, or simply ask our Client Care Specialist some questions about your personal injury case.
- Browse our collection of articles, FAQs, and blog posts about personal injury cases. If you don't see your question answered there, fill out a contact form on our website and tell us more about your specific situation.
The team at BenGlassLaw wants to help you get a fair result for your case so you can get back to living your life. Our main office is located in Fairfax, Virginia, but we have additional spaces to meet with you in Virginia. Representation in jurisdictions where we are not already licensed is performed in conjunction with local counsel–at no additional legal fees to the client–and with the permission of the court.
Searching for a Virginia Car Accident Attorney and
Not Sure What to Look For?
There are so many attorneys out there talking about how "aggressive" they are or how they "care" for you that it's just silly - and we've found that if you need to say it that much, you should probably spend more time doing it instead. They go on and on talking about themselves, and rarely ever share any information that could help you with your case. We want to change all of that...
We want to actually provide you with real, useful information about car accidents and other personal injury claims.
We are sorry that something in your life has caused you to be having to look for an attorney. We honestly hope that you recover from your injuries and that you can get back to living your life. That's why we are making it easy for you to find helpful information so you can make smart decisions about your case.
If you have questions, the best way to start your conversation with our professional team at BenGlassLaw is to pick up the phone and dial us - the conversation is 100% confidential and without any obligation:
Call BenGlassLaw at 703-584-7277 For a Free and Confidential Conversation About Your Case
Want to learn about your case before calling us? Read our report, 5 Deadly Sins That Can Wreck Your Car Accident Claim, to learn...
- What form you should never sign for an insurance company;
- What "service" provided by some personal injury lawyers can be the kiss of death to your case;
- How to avoid having past accidents come back to haunt your case;
- How to quickly and easily find an attorney;
- What the insurance companies do to investigate your background;
- Whether the "standard" one-third contingency fee is really "standard";
- How to get through the "fluff" of lawyer advertising to find out what's important;
- How to maximize your chances for recovery in your case;
- Whether your health insurance company is allowed to be paid FIRST out of your accident settlement;
- And what the insurance industry doesn't want you to know about the settlement of accident cases.
What Everyone Should Know Before Speaking With the
Insurance Adjuster or Signing Any Forms
In an injury, accident, or wrongful death case in Virginia, the person who was injured, known as the "plaintiff," is responsible for proving that the carelessness or negligence of another person caused the injury to occur.
You may have already known that bit of information above. However, what you may not have known is that you may not be able to recover damages in your case due to something called "contributory negligence." This essentially means that if you are found to be partly responsible for the accident's and/or injury's occurrence, you may lose out on recovering damages. In Virginia, there is a strict contributory negligence policy - which is why having a personal injury lawyer on your side to help deal with these arguments can be so important to your case.
Additionally, expert testimony may be necessary to prove some parts of your claim. Expert testimony is generally needed to prove the extent of your physical injury and the relationship of any medical bills to the defendant's negligence. Expert testimony is necessary to prove any other issues that are beyond the general knowledge of jurors, such as the extent of your ability to earn a living has been impaired.
Our Specialized Process for Car Accident Cases
Insurance companies like to use what is called "pre-suit negotiation" to try and learn as much as they can about you, your lawyer, and your doctor. The trouble is that most personal injury lawyers will waste time trying to negotiate with the insurance company before actually filing suit with the case.
At BenGlassLaw, we usually prefer to file your suit before negotiating. Why do we this? Because if negotiations break down, we want to make sure there is already a trial date in place for your case.
Other lawyers may wait until what is called the "statute of limitations" has almost run out to file suit. We have seen some horrible mistakes happen when this occurs, including attorneys naming the wrong defendant (you can't recover damages if you sue the wrong person). Of course, there are some cases in which delaying filing suit is justified. However, there is no excuse for a lawyer to wait until the last moment to see in the insurance company just might cave in for a settlement.
Sometimes lawyers who are not licensed in Virginia will attempt to represent someone in the state under false representation of themselves, hoping to just grab a settlement from the insurance company. When those claims don't settle, they then have to scramble to find an attorney who is properly licensed in the state to file the suit on time. Obviously, this is not helpful to you, the client, and it puts your case at risk.
If you would like to speak with an attorney about your case,
pick up the phone and call BenGlassLaw today at (703)584-7277
What You Can Expect When You Call Us Today:
- You will speak to our Client Care Specialist about your case. They will ask you:
- Where the accident happened
- What were your injuries
- If there was a police report
- What happened just before the accident
- What happened just after the accident
- Who was in the vehicle with you
- What your medical treatment has been since the accident
- If you missed work or other appointments
- What the insurance company has communicated with you
- Our Client Care Specialist will make you an appointment to speak with one of our attorneys. If we do not take your specific type of case, we will refer you to one of our attorney partners who can best assist you.
- After your call, you will receive an introductory toolkit with information about your case and resources you can use.
We believe in adding value to people's lives. If we see that hiring us will not add value to your claim, we will make a recommendation for an attorney who can help or, give you information on settling your case yourself. We will NEVER pressure you into hiring us for your case if that does not benefit you.
Common Questions About Personal Injury Cases
"Is it possible to settle my own case if I was not injured and there was only property damage?"Yes, and we've published a report you can download for free. But the truth is that you should still speak to an attorney about your case, especially if you've been injured in an accident.
- "Should I speak to the insurance adjuster?"
You should read this page first, but yes, you can. Just make sure you're informed about your rights. Keep in mind, anything you say to an insurance adjuster can be used against you in your claim.
- "Should I sign the medical records release for the insurance adjuster?"
You can if you don't care who sees your confidential medical records. (By the way, you probably should care who sees that information!)
- "What is 'contributory negligence' in a car accident case?"
Virginia has a harsh 1% rule. If you are at fault even 1%, you will not have a case. It is essential that you find an attorney that will be honest with you about this 1% rule.
- "Who will pay my medical bills until my case is settled?"
If you have health insurance, submit your bills to your health insurance company. If you don't have health insurance, you will need to arrange payments with your doctor or hospital. Avoid letting your bills go to collections because that can hurt your credit.